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Home , Andrew Kaczynski, Betsy DeVos, Chad Griffin, Sam Clovis

THE TRUMP-PENCE ADMINISTRATION’S CRUSADE AGAINST LGBTQ AMERICANS

In less than one year, the Trump-Pence Administration has unleashed a torrent of attacks on the LGBTQ community and undermined the rights of millions of Americans. Through rollbacks, rescissions, and re-interpretations, and have systematically and meticulously eroded years of progress and protections. What’s more, Trump and Pence have appointed and nominated scores of extreme and unqualified anti-LGBTQ officials to crucial agencies and court benches — some of whom will serve lifetime appointments. Beyond these extensive, explicit attacks on LGBTQ equality, the Trump-Pence Administration has targeted many of the most marginalized within our community — from banning Muslim refugees, to undermining voting rights, to putting the lives and livelihoods of 75,000 LGBTQ Dreamers at risk.

With the 2018 midterm elections approaching, we can — and must — pull the emergency brake. If we don’t, we can look forward to three more years just like the last one.

SYSTEMATIC AGAINST LGBTQ PEOPLE

Trump and Pence launched an all out assault on service members: President Donald Trump’s dangerous and unpatriotic move to reinstate a ban on qualified transgender people serving in the military could result in the discharge of more than 15,000 transgender Americans currently serving our country at this critical time. HRC has joined two individuals who seek to join the military; one current service member who seeks appointment as an officer; the State of Washington; Gender Justice League; and the American Military Partner Association as plaintiffs in Karnoski v. Trump challenging this ban1.

Trump instructed the DOJ to give federal agencies a “license to discriminate”: Donald Trump’s order instructs the Attorney General to provide direction to all agencies on “interpreting religious liberty protections in Federal law.” The Attorney General’s directive puts millions of LGBTQ Americans at risk of discrimination, and instructs federal government attorneys on how to handle matters before them and directs federal agencies to reconsider current and future regulations in light of this license to discriminate2.

The DOJ has asserted that Title VII doesn’t apply to LGBTQ people: The Department of Justice (DOJ) in July filed an amicus brief arguing that Title VII of the Civil Rights Act of 1964 which prohibits discrimination on the basis of sex does not protect , , or bisexual people from discrimination. In October, the DOJ rescinded a memo issued by the Obama Administration and replaced it with a discriminatory memo, arguing that Title VII also does not apply to transgender people. DOJ instructed all U.S. attorneys to adopt this dangerous position in all pending and future matters3.

The DOJ and ED put transgender students at risk by rescinding protective Title IX guidance: Under the direction of Attorney General and Education Secretary Betsy DeVos, the U.S. Departments of Justice and Education revoked the Obama Administration’s guidance detailing schools’ obligations to transgender students under Title IX of the Education Amendments of 19724. INSIDIOUS ATTACKS, AGENCY-BY-AGENCY BEYOND THE HEADLINES, THE TRUMP-PENCE ADMINISTRATION IS INSERTING HATE AND DISCRIMINATION INTO OUR GOVERNMENT, ACROSS ALL AGENCIES.

White House Department of Justice (DOJ)

In addition to his assault on transgender Not only did Attorney General Jeff service members and “license to Sessions instruct U.S. attorneys to take discriminate,” the president’s budget5 the position that Title VII does not protect proposal would devastate federal LGBTQ people and rescind protective safety net programs and human rights guidance for transgender students, protections abroad. Trump pardoned6 he also withdrew the DOJ’s request8 anti-immigrant, anti-LGBTQ former for a preliminary injunction in its legal Maricopa County Sheriff Joe Arpaio. challenge to the anti-LGBTQ North Egregiously, according to the New Carolina law HB2. He also declined Yorker7, when asked about Mike Pence to appeal9 a nationwide preliminary and LGBTQ rights, Donald Trump said injunction that prevents the HHS “Don’t ask that guy — he wants to hang from enforcing non- them all!” discrimination protections under Section 1557 of the Affordable Care Act.

Department of Education (ED) Department of Homeland Security (DHS) U.S. Secretary of Education Betsy DeVos has attacked LGBTQ students — and DHS has made it harder for LGBTQ especially transgender students — at people fleeing violence around the every turn. In September, ED began a world to find safety in the U.S. Trump process10 to rescind Title IX guidance issued an executive order to create related to schools’ obligations to address further obstacles for all people seeking sexual harassment, including sexual to enter the U.S., preventing refugees violence. ED also released a Q&A on from escaping some of most anti-LGBTQ Campus Sexual Misconduct11, which regimes in the world. Additionally, the erases all mentions of LGBTQ students Trump-Pence Administration’s cruel and schools’ obligations to students of all decision in September to end the sexual orientations and gender identities. Deferred Action for Childhood Arrivals (DACA)12 program affects an estimated 75,00013 LGBTQ Dreamers. Department of Health and Human State Department Services (HHS) The State Department has failed to HHS removed all mentions of LGBTQ demonstrate America’s commitment people14 and health disparities from its to human rights or guarantee that strategic plan — and also used anti- supporting and protecting the human abortion language. Additionally, after rights of LGBTQ people remains a stating there were no changes to the commitment and priority. While the survey, HHS removed a question on U.S. Congress has passed resolutions sexual orientation15 from a national condemning the violence and survey of seniors, making it more persecution by Chechen authorities, difficult to track issues senior LGBTQ President Trump and Secretary of State Americans face. have thus far failed to publicly condemn the attacks16. HRC President Chad Griffin has called on Sec. Tillerson to speak out on these and other anti-LGBTQ human rights abuses17.

DANGEROUS NOMINEES TO EVERY LEVEL OF GOVERNMENT PERSONNEL IS POLICY, AND DONALD TRUMP AND MIKE PENCE ARE DOING EVERYTHING THEY CAN TO STACK ALL AGENCIES OF GOVERNMENT AND OUR FEDERAL COURT SYSTEM WITH NOMINEES WHO ARE BOTH UNQUALIFIED AND HAVE TROUBLESOME RECORDS ON EQUALITY.

FEDERAL JUDICIAL NOMINEES: TRUMP AND PENCE ARE STACKING OUR COURT SYSTEM WITH UNQUALIFIED IDEOLOGUES WHO WILL ATTACK LGBTQ RIGHTS.

Neil Gorsuch, Supreme Court of the : The Supreme Court has played a central role in advancing the promise of equality for LGBTQ Americans, and Judge Gorsuch’s anti-equality record — from opposing crucial medical treatment for a transgender person to supporting a license to discriminate for private corporations — make him unfit to sit on the nation’s highest court18.

Jeff Mateer, U.S. District Court for the Eastern District of Texas: In a 2015 speech titled “The Church and ,” Jeff Mateer objected to a transgender student using a restroom consistent with her gender identity, calling the policy19 “Satan’s plan.” Mateer fought against non- discrimination protections for the LGBTQ community in Plano and San Antonio, Texas, and he even supports20 the dangerous and debunked practice of so-called “.” Mateer also claimed that marriage equality will lead to bestiality21. Damien Schiff, U.S. Court of Federal Claims: Schiff opposed anti-bullying policies, the decriminalization of same-sex relationships, and marriage equality. In his writings, Schiff has encouraged parents to opt out of public schools22 in response to new curriculum that discouraged LGBTQ bullying and normalized families with same-sex parents; and opposed the Supreme Court23 ruling decriminalizing same-sex relationships.

L. Steven Graz, U.S. Eighth Circuit Court of Appeals: Grasz served on the board of a non-profit that backed the abusive practice of conversion therapy24 on LGBTQ minors. Grasz said that language protecting people on the basis of opened the door for protections for pedophiles25 and argued Nebraska should not recognize26 marriage equality. Grasz also opposed allowing same-sex parents to adopt. The American Bar Association has deemed Grasz unqualified to serve27 in the position Trump has nominated him for.

Mark Norris, U.S. District Court for the Western District of Tennessee: Norris has voted in the Tennessee General Assembly to support legislation giving business a license to discriminate28 against LGBTQ people and supported a state law preventing local municipalities29 from passing LGBTQ non-discrmination protections. Norris also opposed federal guidance from the Obama administration helping to protect transgender students from discrimination and harassment in public schools.

Stephen Schwartz, U.S. Court of Federal Claims: Schwartz’s work opposing equality includes defending North Carolina’s discriminatory HB230. He also notably served as co-counsel to the Gloucester County School Board in Virginia after it was sued by transgender student Gavin Grimm for discrimination31. Grimm challenged the school board in court for denying him use of the boy’s restroom.

CABINET APPOINTEES

Jeff Sessions, United States Attorney Betsy DeVos, Secretary of the Department General: Jeff Sessions has repeatedly supported of Education: DeVos’ personal foundation has laws that criminalize LGBTQ activity, blasting the donated $275,000 to , an Lawrence v. Texas decision, which finally ended organization that promotes, among other things, the criminalization of same-sex relationships32. Jeff conversion therapy. DeVos’ personal foundation Sessions supported the discriminatory “Don’t Ask, has donated $15,000 to the Becket Foundation, Don’t Tell” and co-sponsored the Federal Marriage an organization that advocates for legislation Amendment, saying he would seek “again and creating a license to discriminate. DeVos’ personal again” to pass an amendment to the United States foundation has donated $65,000 to the Thomas Constitution outlawing marriage equality33. More Law Center, an organization that represented organizations that challenged the constitutionality of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act34. Mark Green, Secretary of the Army: Green’s Scott Garrett, President of the Export- anti-LGBTQ record includes describing former Import Bank: In 2015, Garrett pushed for the President Obama’s guidance protecting transgender exclusion of openly LGBTQ candidates for public students an example of “tyrannical government35,” office and refused to support39 the National saying that being transgender is a “disease”36, Republican Congressional Committee because it encouraging the state of Tennessee to deny marriage “supported homosexuals in primaries.” During his licenses37 to gay couples, and equating transgender time in Congress, Garrett voted against hate crimes people38 to rapists and pedophiles. Green was protections for LGBTQ people, against the repeal ultimately forced to withdraw his nomination. of“Don’t Ask, Don’t Tell” policy, refused to support the Employment Non-Discrimination Act, and he twice voted in favor of banning marriage equality40.

Sam Brownback, Ambassador-at-Large for Sam Clovis, Chief Scientist for the International Religious Freedom: As governor, Department of Agriculture: Clovis has a Brownback orchestrated a policy change41 that disturbing history of anti-LGBTQ extremism, as would make it nearly impossible for transgender reported by CNN44. Clovis, who has no scientific Kansans to change their birth certificates to reflect background, has repeatedly peddled the falsehood their gender identity. In 2015, Brownback attacked that being LGBTQ is a “choice.” Clovis has also LGBTQ state employees by stripping away non- disgustingly equated protecting LGBTQ people from discrimination protections. Brownback issued discrimination with protecting pedophiles, and he another blatantly discriminatory executive42 that opposes marriage equality. Clovis was ultimately prohibited the state government from taking action forced to withdraw his nomination. against clergy members or faith organizations that deny services to same sex couples based on religious beliefs43. 25 Stenberg, Don, and Steve Grasz. “The Constitutioanlity of LB 396, the ‘Hate Endnotes Crimes Bill.’” Received by Senator Brad Ashford, 3 June 1992, ago.nebras- ka.gov/sites/ago.nebraska.gov/files/docs/opinions/AG%20Opinion%20 1992-078.pdf. 26 Stenberg, Don, and Steve Grasz. “Validity in Nebraska of Same-Sex 1 “BREAKING: Trump Launches All Out Assault on Service Members.” 66 Marriages Contracted in Another State.” Received by Senator Jim Jones, July 2017, www.hrc.org/blog/breaking-president-trump-launches-all-out- Office of the Attorney General, 25 Mar. 1996, Lincoln, Nebraska, https:// assault-on-trans-service-members. ago.nebraska.gov/sites/ago.nebraska.gov/files/docs/opinions/AG%20 2 “Trump-Pence Administration Unleashes Sweeping Anti-LGBTQ Opinion%201996-025.pdf. #LicenseToDiscriminate.” 6 Oct. 2017, www.hrc.org/blog/break- 27 Morton, Joseph. “Bar Association Declares Omaha Attorney Steve Grasz ing-trump-pence-administration-unleashes-license-to-Discriminate. ‘Not Qualified’ for 8th Circuit Court of Appeals Seat.” Omaha World-Her- 3 “BREAKING: Trump-Pence Administration Asserts Civil Rights Laws Won’t ald, 31 Oct. 2017, www.omaha.com/news/politics/bar-association-de- Apply to LGB People.” 26 July 2017, www.hrc.org/blog/trump-administra- clares-omaha-attorney-steve-grasz-not-qualified-for/article_a173e1f8-bdaf- tion-asserts-civil-rights-laws-wont-apply-to-lgbtq-people. 11e7-9f11-3badc0eab558.html. 4 “DISGRACEFUL: Trump Administration Puts Transgender Kids at Risk.” 28 Tennessee (State). Legislature. Senate. AN ACT to amend Tennessee Code , 22 Feb. 2017, www.hrc.org/blog/disgrace- Annotated, Title 4, Chapter 21, Part 1; Title 5; Title 6 and Title 7, relative to ful-the-trump-administration-puts-transgender-kids-at-risk. local government authority in the area of civil rights. (S 632). 2016-2017 Reg. Sess. Tennessee General Assembly. Web. 2 Feb. 2017. 5 Levario, Andrea. “Trump’s Proposed Budget Cuts Critical Programs Impact- ing LGBTQ People.” Human Rights Campaign, 24 Mar. 2017, www.hrc.org/ 29 Tennessee (State). Legislature. Senate. AN ACT to amend Tennessee Code blog/trumps-proposed-budget-cuts-critical-programs-impacting-lgbtq-peo- Annotated, Title 4; Title 5; Title 6; Title 7; Title 48; Title 61; Title 62 and Title ple. 67, relative to government actions. (S 127). 2016-2017 Reg. Sess. Tennes- see General Assembly. Web. 17 Jan. 2017. 6 “HRC Condemns Trump’s Pardon of Anti-Immigrant, Racist, Anti-LGBTQ Joe Arpaio.” 25 Aug. 2017, www.hrc.org/blog/hrc-condemns-trumps-par- 30 , et al. “28 LGBT Groups Oppose Confirmation of Stephen don-of-anti-immigrant-racist-anti-lgbtq-joe-arpaio. S. Schwartz.” Received by Senator Charles Grassley and Senator Dianne Feinstein, Lambda Legal, 6 Sept. 2017, www.lambdalegal.org/in-court/ 7 Mayer, Jane. “The Danger of President Pence.” , 16 Oct. legal-docs/dc_20170906_letter-of-opposition-to-stephen-schwartz. 2017, www.newyorker.com/magazine/2017/10/23/the-danger-of-presi- dent-pence. 31 Ibid. 8 Johnson, Chris. “Another Anti-Transgender Move from DOJ.” Washington 32 Jeff Sessions: A History of Anti-LGBTQ Actions. Human Rights Blade, 7 Mar. 2017, www.washingtonblade.com/2017/03/07/doj-backs-off- Campaign, 2017, Jeff Sessions: A History of Anti-LGBTQ Actions, on-legal-challenge-to-north-carolinas-hb2/. assets2.hrc.org/files/assets/resources/Session-Report-Rev.pdf?_ ga=2.167358397.204146348.1511813164-282578659.1502732077. 9 Johnson, Chris. “DOJ Lets Stand Court Order against Transgender Health Care.” Washington Blade, 2 Mar. 2017, www.washingtonblade. 33 Ibid. com/2017/03/02/doj-lets-court-order-stand-trans-health-care/. 34 Stacy, David. “HRC’s Statement on Betsy DeVos’ Confirmation Hearing.” 10 “Secretary of Education Betsy DeVos Rolling Back Sexual Assault Protec- Human Rights Campaign, 17 Jan. 2017, www.hrc.org/blog/hrcs-state- tions.” Human Rights Campaign, 7 Sept. 2017, www.hrc.org/blog/secre- ment-on-betsy-devos-confirmation-hearing. tary-of-education-betsy-devos-rolling-back-sexual-assault-protections. 35 “Senator Mark Green, MD Speaks at the Chattanooga Tea Party.” Tin Ship 11 Dashow, Jordan. “Betsy DeVos’ Actions on Title IX Is an Attack on LGBTQ Productions, 15 Sept. 2016, youtu.be/aa8ujuV8VQs?t=1801. Students.” Human Rights Campaign, 25 Sept. 2017, www.hrc.org/blog/ 36 Ibid. betsy-devos-actions-on-title-ix-are-part-of-a-broader-attack-on-lgbtq-stude. 37 Ibid. 12 “HRC Responds to the Trump-Pence Administration’s Cruel Decision to End DACA.” Human Rights Campaign, 5 Sept. 2017, www.hrc.org/blog/hrc-re- 38 Green, Mark E. Received by Tennessee Governor Bill Halsam, 16 May sponds-to-trump-pence-administrations-decision-to-end-daca. 2016, assets.documentcloud.org/documents/2838097/Senators-let- ter-to-Haslam-on-transgender-bathrooms.pdf. 13 Conron, Kerith, and Taylor N.T. Brown. There Are Over 75,000 LGBT DREAMers; 36,000 Have Participated in DACA. The Williams Institute, 39 Sherman, Jake, and Anna Palmer. “GOP Lawmaker: No Cash for Campaign 2017, There Are Over 75,000 LGBT DREAMers; 36,000 Have Partic- Arm Because It Backs Gays.” , 16 July 2015, www.politico.com/sto- ipated in DACA, williamsinstitute.law.ucla.edu/wp-content/uploads/ ry/2015/07/gop-garrett-hensarling-no-cash-for-campaign-arm-because-it- LGBT-DREAMers-and-DACA-February-2017.pdf. backs-gays-120201. 14 Dashow, Jordan. “HHS Strategic Plan Removes All Mentions of LGBTQ 40 “Congressional Scorecard: Measuring Support for Equality in the 114th People and Health Disparities.” Human Rights Campaign, 3 Oct. 2017, www. Congress.” assets2.hrc.org/files/assets/resources/114thCongres- hrc.org/blog/hhs-strategic-plan-removes-all-mentions-of-lgbtq-people-and- sionalScorecard.pdf?_ga=2.199408618.51730263.1511797635- health-disparit. 642389599.1510929694. Human Rights Campaign, 7 Oct. 2016. 15 “HRC Calls on Trump Admin. to Reinstate Sexual Orientation Ques- 41 Lowry, Bryan. “Proposal Could Block Transgender Kansans from Updating tion in National Senior Survey.” 20 Mar. 2017, www.hrc.org/blog/ Birth Certificates.” The Wichita Eagle, 6 Apr. 2016, www.kansas.com/news/ hrc-calls-on-trump-admin-to-reinstate-sexual-orientation-question. politics-government/article70233282.html. 16 Kadden, Jeremy. “HRC Calls on U.S. Government to Help Stop Anti-LGBTQ 42 Holden, Dominic. “Kansas Recognizes Same-Sex Marriages - But Not Atrocities in Russia.” Human Rights Campaign, 11 Apr. 2017, www.hrc.org/ Same-Sex Tax Filings.” BuzzFeed, 9 July 2015, www.buzzfeed.com/ blog/hrc-calls-on-u.s.-government-to-help-stop-anti-lgbtq-atrocities-in-rus- dominicholden/kansas-recognizes-same-sex-marriages-but-not-same-sex- sia. tax-fi?utm_term=.ppjbXPZxq#.vpz327KAb. 17 “HRC President Chad Griffin Calls on Secretary Tillerson to Speak Out on 43 Lowry, Bryan. “Gov. Sam Brownback Issues Executive Order on Religious Global Anti-LGBTQ Attacks.” 3 Nov. 2017, www.hrc.org/press/hrc-calls-on- Liberty after Same-Sex Marriage Ruling.” The Wichita Eagle, 7 July 2015, secretary-tillerson-to-speak-out-on-glo. w w w. k a n s a s . c o m /n e w s /p o l i t i c s - g o v e r n m e n t /a r t i c l e 2 6 6 6 8 2 0 7. h t m l . 18 Neil Gorsuch: Wrong for the LGBTQ Community, Wrong for the 44 Kaczynski, Andrew, and Paul LeBlanc. “Trump Pick Sam Clovis: ‘Logical’ Supreme Court. Human Rights Campaign, 2017, Neil Gorsuch: Wrong That LGBT Protections Could Lead to Legalization of Pedophilia.” CNN, 21 for the LGBTQ Community, Wrong for the Supreme Court, assets2. Aug. 2017, www..com/2017/08/21/politics/kfile-sam-clovis--com- hrc.org/files/assets/resources/Gorsuch-Report-Feb3-2017.pdf?_ ments/index.html. ga=2.192980014.204146348.1511813164-282578659.1502732077. 19 Massie, Chris, and Andrew Kaczynski. “Trump Judicial Nominee Said Trans- gender Children Are Part of ‘Satan’s Plan’, Defended ‘Conversion Therapy’.” CNN, 20 Sept. 2017, www.cnn.com/2017/09/20/politics/kfile-jeff-mateer- lgbt-remarks/index.html. 20 Ibid. 21 Massie, Chris, and Andrew Kaczynski. “Trump Judicial Nominee Said Trans- gender Children Are Part of ‘Satan’s Plan’, Defended ‘Conversion Therapy’.” CNN, 20 Sept. 2017, www.cnn.com/2017/09/20/politics/kfile-jeff-mateer- lgbt-remarks/index.html. 22 Schiff, Damiem. “Teaching ‘Gayness’ in Public Schools.” Omnia Omnibus, 17 May 2009, web.archive.org/web/20090530124852/http:/omniaomnibus. typepad.com:80/omnia_omnibus/2009/05/index.html. 23 Schiff, Damien. “Federalism and Separation of Powers Part I.” Omnia Omnibus, 15 May 2008, web.archive.org/web/20080610122430/http:/ omniaomnibus.typepad.com:80/omnia_omnibus/2008/05/index.html. 24 Tillman, Zoe. “One Of Trump’s Judicial Nominees Sits On The Board Of A Group That Defends.” BuzzFeed, 25 Sept. 2017, www.buzzfeed.com/zoetill- man/one-of-trumps-judicial-nominees-sits-on-the-board-of-a?utm_term=. cdmQd8Ynl#.kcRMqn0Dg.